AN
ORDINANCE PERTAINING TO THE FIRE CODE, ALLOWING PRIVATE INSPECTIONS;
AMENDING SECTIONS 21-1 AND 21-2 OF THE DULUTH CITY CODE, 1959, AS
AMENDED.

BY
COUNCILOR LITTLE:

The
city of Duluth does ordain:

Section 1.That
Section 21-1 of the Duluth City Code, 1959, as amended, be amended to
read as follows:

Sec.
21-1.Adoption of the Minnesota State Fire Code.

The
city hereby adopts by reference and incorporates into this Code the Minnesota
State Fire Code authorized by
Minnesota Statutes Section 299F.011, or its successor, set forth
in Minnesota Rules, Chapter 7510, which is based on the 2000 edition of
the International Fire Code, and as said rules and code may be, by the
state, amended from time to time, or replaced.

(a)The
city adopts by reference the following appendices to said International
Fire Code, their successors and amendments:

(5)Appendix
I - special locking arrangement for group I occupancies (as amended by
Minnesota Rules 7510.3710, subpart 12);

(b)Appendix
B, Section 105.1, of the 2000 International Fire Code is not adopted and
is not a part of the Duluth city ordinance;

(c)Private
inspections. When the issuance of a permit authorized or required by Fire
Code Section 105.1.2, or its successor, (operational permit or construction
permit) requires an inspection authorized by Fire Code Section 106.2,
or its successor, the applicant for the permit shall decide whether the
inspection shall be done by the fire chief, or his agent, or, in the alternative,
shall be done by a qualified private inspector, compensated by the applicant.
The applicant’s choice of which method to employ shall be indicated
in writing to the city at the time of application or within two business
days thereof. A qualified private inspector shall be one that is knowledgeable
in fire code provisions, building safety and inspection techniques and
acceptable to the code official, based upon that criteria. A qualified
private inspector must be insured or bonded in an amount deemed adequate
by the fire chief or city attorney and not have been found by a government
agency having jurisdiction to be or have been dishonest or incompetent
to be such an inspector. A person licensed or approved by the state of
Minnesota to perform such inspections is a qualified private inspector.
When the applicant engages a qualified private inspector, that person
shall perform the inspections, produce reports and competently do all
acts necessary for the code official to administer the program. He or
she shall also exercise the inspection authority of the code enforcer
as set out in Fire Code Section 106, or its successor, all under the reasonable
control of the fire chief. No city employee shall recommend that an applicant
engage a particular private inspector;

(d)Penalties.
Violation of the Fire Code adopted by this Section subjects the violator
to penalties as set out in M.S.A. Section 299F.011, subd. 6, or its successor,
and Minnesota Rules, Chapter 7510.3520, subpart 7, or its successor, and
any civil penalty allowed by law.

Section
2.That Section 21-2 of Duluth City Code, 1959, as amended,
be amended to read as follows:

Sec.
21-2.Fire code appeals.

Any
person affected by any decision of the fire chief or fire marshal which
is made pursuant to the Minnesota Uniform Fire Code may appeal therefrom
to the building appeal board created in Article IV of Chapter 10 of the
Duluth City Code, 1959, as amended, in accordance with the provisions
contained hereinand
procedures set out there, and then to the state of Minnesota as set out
in Minnesota Rules 7510.3520, subpart 3, or its successor, and Minnesota
Statutes Section 299F.011, or its successor, and other applicable law.

Section
3.That this ordinance shall take effect 30 days after
its passage and publication, as set out in the City Charter.

STATEMENT
OF PURPOSE: This ordinance changes the fire code.

1.It
recites the state law authorization for adoption of the Uniform Fire Code,
which the city is required to adopt.

2.It
allows an applicant for an operational permit to hire a qualified private
inspector. Some businesses will want to do this in order to have the job
done by someone who is legally responsible to them.

3.Supplies
references to the state laws that set out the penalties for non-compliance.

4.Supplies
references to the city ordinances and state laws that set out the procedure
for appealing a ruling by the city enforcers.